Following the release of an advisory opinion by Virginia Attorney General Bob McDonnell(R), the Virginia State Police is suspending public access to its concealed carry permit database. In response to a request from Delegate Dave Nutter (R-7), Attorney General McDonnell issued an opinion that the concealed carry database was assembled solely for investigative purposes and, therefore, it is exempted from the Commonwealth’s Freedom of Information Act (FOIA) that requires public access to certain documents.

The on-going debate over public access to the concealed carry permit database was heightened last month when The Roanoke Times newspaper posted to its website a searchable database containing the names and addresses of more than 135,000 concealed weapon permit holders. Attorney General McDonnell’s opinion states, “The release of such personal information of a crime victim or witness potentially jeopardizes his safety and privacy, as well as the safety of the community in which he lives.” While the advisory opinion does not have the weight and effect of law, the VA State Police are considering it as advice from the state’s chief law enforcement officer.

Meanwhile, the state’s Freedom on Information Advisory Council is continuing its study of the issue, and Delegate Nutter is already planning on introducing legislation for the 2008 General Assembly session that will effectively convert the Attorney General’s opinion into law.